Motions and Appeals before USCIS and the USCIS Administrative Appeals Office

Motions to Reopen, Motions to Reconsider, and Appeals before USCIS and the USCIS Administrative Appeals Office

A Motion to Reopen is a document filed with a USCIS adjudicator asking the official who made the decision to consider new evidence after a case has been denied.

A Motion to Reconsider is a document filed with USCIS adjudicator asking the official who made the decision to reconsider the decision based on facts that the decision maker has overlooked in his or her decision on the case.

An appeal is a document filed with the USCIS Administrative Appeals Office seeking review a case which has been wrongfully decided by the original USCIS adjudicator. Motions to Reopen and Reconsider may also be filed before the USCIS Administrative Appeals Office.

Responses to Request for Evidence (RFE’s) and Notices of Intent to Deny (NOID’s)
Flat Legal Services Fee Determined on a Case by Case Basis
In many cases before USCIS, USCIS sends the applicant or petitioner a request for additional evidence, otherwise known as an RFE.  Together we prepare the documents in response to the RFE, which is usually due within 12 weeks of the mailing of the RFE notice.  I review all the existing documentation we can get a hold of in the limited time available, and I prepare evidence where applicable, sworn statements, where applicable, and a legal memorandum, where applicable. In other cases, USCIS may issue a Notice of Intent to Deny (an NOID), which usually has a 33 day deadline. Responding to an NOID is much the same as responding to an RFE.

Motion to Reopen

$3000 Flat Legal Services Fee.  .   This fee is calculated based on a minimum of twenty hours spent in preparing your case.   If my work time exceeds this amount, I charge for further time at the rate of $150 per hour, billable in one minute increments.  If I use less than the predicted time, that fee is credited towards future legal services fees on your case, or is kept as a minimum flat fee, as applicable.

We have a preliminary consultation to see what facts did not get considered in your case. I thoroughly review your entire case file. In the event that I have to get a copy of your case file from USCIS, I file the appropriate application to do so. I draft the Motion with a legal statement and supporting evidence. The Base Legal Services Fee may be adjusted upwards or downwards depending on the complexity of your case. The Motion to Reopen Base Legal Services Fee does not include USCIS Filing fees or postal fees, which must be paid in order for me to proceed on your case. A Motion to Reopen, while it is a single document, can often take as long as or even more time than the preparation of entire case, as it may involve extensive legal research, legal analysis and drafting, supporting documents, and interviews with the Client, Witnesses, Expert Witnesses, and country conditions research.

Motion to Reconsider
$3000 Flat Legal Services Fee.  This fee is calculated based on a minimum of twenty hours spent in preparing your case.   If my work time exceeds this amount, I charge for further time at the rate of $150 per hour, billable in one minute increments.  If I use less than the predicted time, that fee is credited towards future legal services fees on your case, or is kept as a minimum flat fee, as applicable.

We have a preliminary consultation to see whether the USCIS or Immigration Court made a mistake in deciding your case. I thoroughly review your entire case file. In the event that I have to get a copy of your case file from USCIS Or the Immigration Court, I file the appropriate application to do so. I draft the Motion with a legal statement arguing why your case should be reconsidered. The Base Legal Services Fee may be adjusted upwards or downwards depending on the complexity of your case. A Motion to Reconsider, while it is a single document, can often take as long as or even more time than the preparation of entire case, as it may involve extensive legal research, case review, and legal analysis and drafting,

Appeal to the Administrative Appeals Office
$3000 Flat Legal Services Fee.  This fee is calculated based on a minimum of twenty hours spent in preparing your case.   If my work time exceeds this amount, I charge for further time at the rate of $150 per hour, billable in one minute increments.  If I use less than the predicted time, that fee is credited towards future legal services fees on your case, or is kept as a minimum flat fee, as applicable.

We have a preliminary consultation to see how the decision maker in your case made a mistake in rendering his or her decision. In the event that I have to get a copy of your case file from USCIS, Immigration Court or the Board of Immigration Appeals, I file the appropriate application to do so. I draft the Appeal with a legal statement including applicable laws, cases, and regulations, along with additional evidence, which may in certain situations be filed with the Appeal. The Base Legal Services Fee may be adjusted upwards depending on the complexity of your case.